What Do I Do With His Will if My Dad Passed Away?

By Tom Streissguth

When parents pass away, and leave behind a last will and testament, their heirs must navigate the often-complex process of probate. If your father appointed an attorney to handle his estate, that representative will know the procedures for notifying the executor, or personal representative, and getting the will presented to the probate court. If there is no attorney involved, then as a direct heir you may have responsibility for starting the process. You must follow several important steps to ensure that the will is probated without unnecessary legal complications.

Personal Representative

Your first step is to contact the personal representative, the executor, named in the will. This person is responsible for carrying out the will’s instructions, paying any debts out of the estate, and transferring the remaining assets to the beneficiaries of the will. If the personal representative does not have the latest copy of the will -- which may have gone through several revisions -- you must furnish this copy by process server or certified mail, which allows you to prove the date of the will’s delivery to the executor.

Letters of Administration

If the personal representative can’t carry out the task, or if no personal representative is named in the will, you must present the will and a petition for probate to the state court that will be handling the process; this duty is otherwise carried out by the personal representative. You can request that the court appoint you, as your father’s direct heir, as personal representative. If the court agrees to this, it will furnish you with letters of administration, also known as letters testamentary; this is a legal document that allows you to proceed on your father’s behalf to carry out the terms of the will.

Protect your loved ones. Start My Estate Plan

Probate

In the ordinary course of a probated will, the court opens the case, assigns a case number, appoints the personal representative of the estate and issues the letters of administration. The personal representative then takes an oath to faithfully carry out the terms of the will and follow the relevant laws and procedures. The court formally admits the will into probate, as long as it meets the legal guidelines set down by the state for wills.

Public Notice

In some states, you or the personal representative must publish a public notice of your father’s death in the newspaper. This legally notifies the public of the death, allowing anyone with claims to the estate to come forward and file their claims with the probate court. When a will is admitted to probate, it becomes public record; creditors have a limited period of time, however, to file any claims against the estate.

Inventory

The final step is to ensure that an inventory of the estate exists or is drawn up. You father may have prepared one already; if not, the court will need a complete list of all his assets including bank accounts, investments, real estate, vehicles, boats, and valuables such as art work, jewelry, collections, antiques, etc. The personal representative named in the will can carry out this task, but in many cases, he will need your assistance, or that of another family member, to ensure the inventory is up-to-date and accurate.

Protect your loved ones. Start My Estate Plan
Michigan Death Estate Settlement Procedures

References

Related articles

Who Enforces the Execution of a Will?

In drafting your will, you may appoint a person to serve as your executor, also known as a personal representative. This person will have the responsibility of carrying out your wishes pursuant to the will. Because the executor has a number of responsibilities and can be held personally responsible if they are not properly carried out, carefully consider appointing someone who is trustworthy and capable of carrying out the somewhat complicated probate process.

Estate Administrator Duties

When a person dies, his estate will likely go through the probate process, whether or not he left a will. During probate, the estate will be collected, debts paid and remaining assets distributed to beneficiaries. The person assigned the duty of managing the estate through this process is called an administrator or executor. Since state statutes govern estate administration, the administrator must follow state law regarding procedures and time frames.

New York Estate Law When the Executor Dies

New York, like all other states, recognizes a written will as the proper method for making your wishes known as to the distribution of your assets when you die. The executor is the person named in the will to see that the terms of the will are carried out. If an executor dies before she has completed her duties, the court must appoint a new executor.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Duties of the Executor of a Will in Texas

Wills often nominate an executor to administer the deceased’s estate after he dies. Once officially appointed by a ...

How to be Assigned as an Estate Administrator

A testator generally names an executor, or personal representative, in his will. However, the probate court overseeing ...

How to File a Will to Be Probated in Michigan

To start the probate of a will in Michigan, you must file the will, which initiates the court proceedings necessary to ...

Does the Executor of a Will Have to Use an Attorney to Execute the Will?

When you create a will, you not only leave instructions for how your property should be distributed upon death, you ...

Browse by category
Ready to Begin? GET STARTED